Karnataka HC Dissolves Anti-Corruption Bureau, Calls Its Formation 'Unjustified'

The HC said that since the Lokayukta was already in place to probe corruption cases, there was no need for the ACB.

Karnataka High Court.

(Photo Courtesy: Karnataka High Court website.)

The Karnataka High Court on Thursday, 11 August, disbanded the Anti Corruption Bureau (ACB) in the state, calling its creation "unjustified."

A division bench comprising Justices B Veerappa and KS Hemalekha set aside an executive order from 2016, which had led to the creation of the ACB.

The court observed that its formation was unnecessary since the Prevention of Corruption Act was already included under the Karnataka Lokayukta Act, 1984.

Hence, since the Lokayukta, which was the top anti-corruption agency in the state, was already in place to conduct independent investigations into alleged corruption within the government, there was no justification for the existence of the ACB, the court said.

In its order, the high court also restored the powers of the Lokayukta police wing to probe corruption cases, and ordered the transfer of all pending cases to the Lokayukta police wing.

In 2016, the police powers of the Lokayukta were withdrawn, and the ACB came into existence through an executive government ordered signed by the then Chief Minister Siddaramaiah.

'Will Discuss Next Steps With Cabinet': CM Bommai

"In matters of prevention of corruption, generally the allegations will be against persons occupying higher positions in the government. If the ACB is given power, it will affect impartial investigation," senior advocate Ashok Haranahalli, who was representing one of the petitioners, was quoted as saying by The News Minute.

The court was hearing a group of 15 pleas filed by Chidananda Urs and Advocates Association of Bangalore among others, which had questioned the powers of the ACB.

Meanwhile, Karnataka Chief Minister Basavaraj Bommai said that the state Cabinet would discuss further steps after the high court's order.

"We've seen Karnataka HC's judgment on abolishing Anti-Corruption Bureau. We will discuss our next step in the Cabinet meeting keeping our (2018 Assembly election) manifesto in mind," Bommai said, as per ANI.